I.  Who Qualified for arrest record relief under the Old Law (Prior to January 1, 2023)

Under the current law, arrest record relief is only available in the following limited circumstances:

1. Felony or misdemeanor with probation granted (Pen. Code, §1203.4).The petitioner was convicted of a violation of a felony or a misdemeanor with probation granted; the petitioner is not serving a sentence for any other offense, on probation for any other offense or under charge of commission of any crime; and the petitioner has fulfilled the conditions of the probation for the entire period of the probation or has been discharged from probation prior to the termination of the period of probation.
2. Misdemeanor or infraction with sentence other than probation (Pen. Code, §1203.4a).The petitioner was convicted of a violation of a misdemeanor and probation was not granted; more than one year has elapsed since the date of pronouncement of judgment.  The petitioner has complied with the sentence of the court and is not serving a sentence for any other offense or under charge of commission of any crime.
3. Misdemeanor conviction under Penal Code Section 647(b) (Pen. Code, §1203.49). The petitioner has completed the term of probation for a conviction under Penal Code Section 647(b) (e.g., Prostitution or Soliciting) and should be granted relief because Petitioner can establish by clear and convincing evidence that the conviction was the result of his or her status as a victim of human trafficking.
4. Felony county jail sentence under Penal Code Section 1170(h)(5) (Pen. Code, §1203.41). The petitioner was convicted of a violation of a felony and was sentenced to imprisonment in County Jail and is not under supervision under Penal Code Section 1170(h)(5)(B) (Suspended Sentence); is not serving a sentence for, on probation for, or charged with the commission of any offense; and either (a) more than one year has elapsed since petitioner completed the felony county jail sentence with a period of mandatory supervision or (b) more than two years have elapsed since the petitioner completed the felony county jail sentence without a period of mandatory supervision.
5. Felony prison sentence that would have been eligible for a felony county jail sentence after 2011 under Penal Code Section 1170(h)(5) (Pen. Code, §1203.42). The petitioner was convicted of a violation of a felony and was sentenced to imprisonment in State Jail but the sentence would have been eligible for felony county jail sentence after 2011 and Petitioner is not under supervision and is not serving a sentence for, on probation for, or charged with the commission of any offense; and more than two years have elapsed since the petitioner completed the felony prison sentence.
6. Deferred entry of judgment (Pen. Code, §1203.43). The petitioner has performed satisfactorily during the period in which deferred entry of judgment was granted. The criminal charge(s) were dismissed under former Penal Code Section 1000.3 (e.g., plea bargain).

II. Who Qualifies for arrest record relief under The New Law – SB 731

Under the new law, effective July 1, 2023, virtually all ex-offenders including people who served jail time are eligible to petition the Court for arrest record relief except for registered sex offenders. The new law even allows ex-offenders who have been convicted and served time for felonies to obtain arrest record relief.

Under the new SB 731 law, arrest record relief will be available to the following:

1. Felony or misdemeanor with probation granted (Pen. Code, §1203.4). The petitioner was convicted of a violation of a felony or a misdemeanor with probation granted; the petitioner is not serving a sentence for any other offense, on probation for any other offense or under charge of commission of any crime; and the petitioner has fulfilled the conditions of the probation for the entire period of the probation or has been discharged from probation prior to the termination of the period of probation. A petition for relief under this Section shall not be denied due to an unfulfilled order of restitution or restitution fine. An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not fulfill the condition of probation for the entire period of probation. When the Court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.
2. Misdemeanor or infraction with sentence other than probation (Pen. Code, §1203.4a). The petitioner was convicted of a violation of a misdemeanor and probation was not granted; more than one year has elapsed since the date of pronouncement of judgment. The petitioner has complied with the sentence of the court and is not serving a sentence for any other offense or under charge of commission of any crime. A petition for relief under this Section shall not be denied due to an unfulfilled order of restitution or restitution fine. An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not fulfill the condition of probation for the entire period of probation. When the Court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.
3. Misdemeanor conviction under Penal Code Section 647(b) (Pen. Code, §1203.49). The petitioner has completed the term of probation for a conviction under Penal Code Section 647(b) (e.g., Prostitution or Soliciting) and should be granted relief because Petitioner can establish by clear and convincing evidence that the conviction was the result of his or her status as a victim of human trafficking.
4. Felony jail sentence (State or County) under Penal Code Section 1170(h)(5) (Pen. Code, §1203.41). The petitioner was convicted of a violation of a felony and was sentenced to imprisonment in State Jail or County Jail and is not on parole or under supervision under Penal Code Section 1170(h)(5)(B) (Suspended Sentence); is not serving a sentence for, on probation for, or charged with the commission of an offense; and either (a) more than one year has elapsed since petitioner completed the felony county jail sentence with a period of mandatory supervision or (b) more than two years have elapsed since the petitioner completed the felony county jail sentence without a period of mandatory supervision. If the defendant seeks relief under this section for a felony that resulted in a sentence to the state prison, the relief available under this section may only be granted if that felony did not result in a requirement to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.[THIS SECTION IS A MAJOR EXPANSION OF THE NUMBER OF PEOPLE WHO ARE ELIGIBLE FOR ARREST RECORD RELIEF BECAUSE IT NOW INCLUDES MOST FELONS WHO SERVED TIME IN STATE PRISON]
5. Felony prison sentence that would have been eligible for a felony county jail sentence after 2011 under Penal Code Section 1170(h)(5) (Pen. Code, §1203.42). The petitioner was convicted of a violation of a felony and was sentenced to imprisonment in State Jail but the sentence would have been eligible for felony county jail sentence after 2011 and Petitioner is not under supervision and is not serving a sentence for, on probation for, or charged with the commission of any offense; and more than two years have elapsed since the petitioner completed the felony prison sentence.
6. Deferred entry of judgment (Pen. Code, §1203.43). The petitioner has performed satisfactorily during the period in which deferred entry of judgment was granted. The criminal charge(s) were dismissed under former Penal Code Section 1000.3.